White House moves travel ban date to avoid mooting case

Tonya Becker

President Donald Trump amended his embattled travel ban to address arguments being made at the U.S. Supreme Court that it would expire Wednesday under its original wording.

State Attorney General Douglas Chin on Monday discussed the ruling by the 9th Circuit Court of Appeals affirming U.S. District Court Judge Derrick Watson's injunction blocking implementation of the Trump Administration's travel ban.

The 9th U.S. Circuit Court of Appeals on Monday upheld a judge's ruling that blocked the temporary ban on refugees as well. The Ninth Circuit decision also notes that courts should avoid making decisions on constitutional grounds when there's an alternative basis for a ruling.

The move likely delays any high court action on the administration's two emergency applications asking for the ban issued on March 6 to immediately go into effect.

"As has been noted numerous times, there was a provision in each Executive Order to make the ban permanent by Presidential decree", Modarres said. The GBTA recently forecast a $1.3 billion loss in overall travel-related expenditures in the US this year due to the ban, as well as other policies like the proposed expanded laptop ban and other political factors like Brexit. As USA Today reported, the retooling of the order will prevent the Supreme Court from declining to hear the case because parts of the order have already expired.

CCP waded into one recent case, Susan B. Anthony List v. Driehaus decided by the Supreme Court in 2014, which ruled in favor of challengers to an OH law prohibiting false statements during a political campaign. Challengers of the ban cited Trump's campaign statements to argue that the travel ban targets Muslims and thus violates religious freedom, also guaranteed by the First Amendment.

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